Terms of Service

1. Eligibility and accounts

You must be at least 18 (or the age of majority in your jurisdiction) and have legal capacity to contract. If you use the Service on behalf of a company, you represent you have authority to bind that company; “you” refers to both you and the company.

You are responsible for the security of your credentials and for activity under your account. Notify support@adwhip.io immediately if you suspect unauthorized access.

2. The Service

AdWhip helps you create, iterate on, and export advertising creative. Some features rely on third-party AI providers (e.g., OpenAI, Google) which may change. We may add, modify, or remove features over time.

3. Subscriptions and billing

a) Plans & payment

Plans are described on the pricing page. Paid plans require a valid payment method. By providing one, you authorize us and Stripe to charge it for all fees due, including recurring subscription fees, overages, and taxes. Subscriptions renew automatically until cancelled.

b) Auto top-off

If you enable auto top-off, you authorize recurring charges when your credit balance falls below your configured threshold, in the amount you set, until disabled.

c) Cancellation & refunds

You may cancel anytime via the billing portal; cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable and unused credits do not roll over or convert to cash.

d) Price changes & taxes

We may change prices for renewals on at least 30 days' notice. Fees are exclusive of taxes; you're responsible for any sales, use, VAT, GST, or similar taxes.

4. Your content

“Customer Content” means anything you upload, submit, or link to (URLs, brand assets, prompts, edits, comments). You retain ownership of your Customer Content. You grant AdWhip a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, display, and create derivative works of your Customer Content solely to operate, secure, support, and improve the Service for you. This includes forwarding portions of your inputs to third-party AI providers (such as OpenAI and Google) so they can produce the Outputs you request.

You represent and warrant that you own or have the necessary rights to all Customer Content you submit and that your use of the Service does not infringe any third-party rights or violate any law.

5. Generated outputs

“Outputs” means the ad creative, copy, layouts, images, and other content the Service produces. Subject to these Terms, you own all rights in Outputs to the extent transferable. You acknowledge that:

• Outputs are produced by probabilistic AI and may be inaccurate, infringing, biased, or unsuitable.
• Similar prompts may produce similar Outputs for other users; we do not guarantee uniqueness.
• You are solely responsible for reviewing, editing, and deciding whether to publish or rely on any Output, including for compliance with advertising, intellectual-property, and consumer-protection laws.
• Outputs incorporating third-party trademarks, logos, celebrity likenesses, or copyrighted material may require additional rights we do not provide.

6. Acceptable use

You agree NOT to use the Service to:

• Violate any law or third-party right (including IP, privacy, and publicity rights).
• Generate unlawful, defamatory, harassing, sexually explicit involving minors, or violence-inciting content.
• Generate ads designed to deceive consumers in violation of advertising laws.
• Impersonate another person or entity or misrepresent your affiliation.
• Reverse-engineer, scrape, or extract source code or training data from the Service.
• Use automated means (other than our public APIs used per their documentation) to access or interfere with the Service.
• Resell or sublicense the Service except as expressly permitted by your plan.
• Use the Service to develop a competing product or train a competing AI model.

We may suspend or terminate accounts that violate these rules.

7. Third-party services

The Service interoperates with third-party services (Stripe, Google, OpenAI, Resend, AWS, Firecrawl, and others). Your use of those services is subject to their own terms and privacy policies, and we are not responsible for their acts or omissions.

8. Our IP

The Service, including its software, design, trademarks, and documentation, is owned by AdWhip or our licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service per these Terms during your subscription. No other rights are granted by implication, estoppel, or otherwise.

9. Feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose, without obligation to you.

10. Suspension and termination

We may suspend or terminate your access immediately if you breach these Terms, are required by law, pose a security or legal risk, or are delinquent on payment. You may stop using and delete your account at any time. Sections that by their nature should survive termination (IP, disclaimers, liability limits, indemnity, governing law) survive.

11. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT OUTPUTS WILL BE ORIGINAL, CORRECT, OR SUITABLE FOR ANY USE. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF OUTPUTS.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

13. Indemnification

You will defend, indemnify, and hold harmless AdWhip and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your Customer Content, (ii) your use of Outputs, (iii) your violation of these Terms or applicable law, or (iv) your violation of any third-party right.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The exclusive venue for any dispute that is not subject to arbitration is the state and federal courts located in Delaware, and the parties consent to personal jurisdiction there. The UN Convention on Contracts for the International Sale of Goods does not apply.

15. Changes to these Terms

We may update these Terms from time to time. For material changes, we'll provide reasonable notice (e.g., email or in-product notice) and update the effective date above. Continuing to use the Service after changes take effect means you accept the updated Terms.

16. Miscellaneous

These Terms (together with the Privacy Policy and any plan- or order-specific terms) are the entire agreement between you and AdWhip about the Service. If any provision is held unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign without our written consent. Our failure to enforce a provision is not a waiver.

17. Contact

Questions? Email support@adwhip.io (general) or legal@adwhip.io (legal notices).